폭력행위등처벌에관한법률위반(공동상해)
The judgment below
The remainder, excluding the dismissed part, shall be entirely reversed.
Defendants shall be punished by imprisonment with prison labor for eight months.
1. Of the facts charged against Defendant B, the lower court dismissed the prosecution as to the assault against the victim J, and convicted the remainder of the facts charged, and only the Defendants filed an appeal as to the guilty part of the lower judgment. As such, the dismissed part of the prosecution is separated and finalized as it is, and excluded from the scope of the judgment of the lower court.
Therefore, the scope of this Court's adjudication is limited to the remaining convictions except the aforementioned separately and determined dismissal of public prosecution.
2. The main point of the grounds for appeal is that the sentence of the lower court (eight months in prison) is too unreasonable.
3. The judgment of the Defendants, despite the restraint of the people surrounding the Defendants, attempted to commit a violence against the victims on several occasions. Defendant A committed an assault against the victim F despite having been dispatched by the police officer, Defendant A committed an act of assaulting the victim F; Defendant A committed an act of assaulting the victim in the instant field to see the above situation; Defendant A committed a crime of Defendant B, which led to the crime of Defendant B, the victim I committed a serious injury, such as by causing damage to the left-hand slives of the left-hand slives in need of treatment for about five weeks, and thereby, the victim I committed an act of Defendant B, which is very weak and necessary to punish the Defendants.
However, there is no record of criminal punishment for violence-related crimes, as well as punishment of a fine of one million won since 2009. The agreement stating the victim F's intent of not to punish the Defendants was submitted at the police investigation stage. The victim I's written agreement was submitted to the court below on September 10, 2019 after the prosecution. Defendant A had no record of criminal punishment for violence-related crimes since 2010. Defendant B had no record of criminal punishment for violence-related crimes. Defendant B had no record of criminal punishment for violence-related crimes other than punishment of a fine of one million won due to assault in 2009. Other Defendants' age, character, character and environment.